Patna High CourtCR. MISC./48756/2023bail granted

Sohan Mandal @ Jangali Mahto v. The State Of Bihar

2023-07-28Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48756 of 2023 Arising Out of PS. Case No.-485 Year-2023 Thana- MUZAFFARPUR TOWN DistrictMuzaffarpur ====================================================== SOHAN MANDAL @ JANGALI MAHTO S/O UPENDRA MAHTO R/OWARD NO. 14, BAANDH ROAD, SIKANDARPUR, PS.- TOWN, DIST. MUZAFFARPUR ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Mrityunjay Kumar For the Opposite Party/s :

Mr. Veena Kumari Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 28-07-2023

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Excise Act.

3. Learned counsel for the petitioner submits that the petitioner is a person with one antecedent and allegation is of recovery of 20.5 liters of liquor from possession of four accused as named in the FIR.

4. Learned counsel for the petitioner submits that the petitioner was not apprehended from the spot as such nothing was recovered from his conscious possession and he came to be implicated based on the confessional statement of Jitendra and

Patna High Court CR. MISC. No.48756 of 2023(2) dt.28-07-2023 2/2 Santosh in police custody which does not have any evidentiary value.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Muzaffarpur Town P.S. Case No. 485 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) HarshPandey/- U T